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tv   wusa 9 News at 11pm  CBS  March 12, 2016 11:00pm-11:36pm EST

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attorney stanley schneider says they could have scattered when david came charging through the door. >> if that door's flung open and hits the hutch, it's going to fly off into the living room. >> reporter: the defense says the man who testified he saw temple on the road could have been mistaken about the time and day... >> da-da! >> reporter: ...and they say temple's dog shaka might not have been as ferocious as police say. >> i'd direct your attention to the grand jury testimony of mr. riley joe sanders. >> reporter: and what does he say? >> shaka will bark at him when he's cutting the grass. but what about if you're not cutting the grass? "no, she'll just come over and sniff." >> reporter: at the new hearing, kelly siegler spent four days on the stand. the former prosecutor aggressively defended herself. >> it was very, very repetitious, and it seemed like it could have been a whole lot more efficient.
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>> she was so, just blasé, about what she had hidden and why she had hidden it. and i have my client, david, sitting next to me who lost his wife and his baby and hasn't watched his son grow up, and his family has gone bankrupt trying to get him out of prison. it broke my heart a little bit. and i didn't see that one coming, that was for damn sure. >> reporter: it breaks your heart a little bit now, i think. >> yeah, it does. >> reporter: in the middle of this new hearing, defense attorneys discovered some evidence that never made it to court before. >> reporter: audio-taped interviews conducted at belinda's school just two days after she died. >> a group of teachers were interviewed one day in the gym. there was nothing of substance on any of those tapes in those interviews. >> reporter: but casie gotro says those tapes change everything. >> they would have decimated the state's case.
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>> reporter: siegler says belinda was killed around 4:00 p.m. cell phone records show she made a call to david at 3:32, but they don't show where she was. a teacher who had been at a meeting with belinda gave police a clue. >> reporter: defense attorneys say if belinda made that call from school at 3:32, it would be all but impossible for her to have been home at 4:00 p.m., the time siegler said she was killed. but siegler says the teacher was actually talking about a different phone call. she says, "she left my office between 3:20 and 3:30, and, you know, from what other people have said, she made a phone call to david." >> which happened earlier that day. >> reporter: there's no indication that she's talking about this any earlier. >> that's how i read it, because
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earlier that day. >> reporter: she makes no reference of that. >> she doesn't say that it's happening later, either. y'all are reading into that what you want to read into it. >> reporter: temple's lawyers say if belinda arrived home after 4:00, temple would have had just minutes to murder her, clean up, stage the scene and get his young son to that store where they were seen on surveillance footage. >> kelly's timeline can't be. david can't be the killer. >> reporter: 23 witnesses testified at the hearing, including daniel glasscock, who contacted deguerin and spurred the reopening of this case. he was called by the state. he continued to contradict himself and wound up in tears. >> his eggs were scrambled so badly by all of those interviews. i mean, he's virtually useless as a witness anymore. >> reporter: it was a lot for the judge to take in, and this judge is tough-- tough on
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defendants and very tough to read. >> he didn't smile, he didn't frown, he didn't scowl. nothing. nothing.
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>> there is an innocent man sitting in prison, and he's been there for a long time. >> reporter: david temple's attorneys weren't sure they had any chance at all with judge larry gist, as they waited for his opinion. >> what i knew about judge gist was that he had a prison unit named after him. >> reporter: that could be bad. >> you don't get a prison named after you by being pro-defense. >> reporter: in july 2015, gist issued his opinion. >> stanley is standing there with this opinion rolled up in his hand and a tear in his eye, "you're not going to believe it. you're not going to believe it." >> reporter: judge larry gist found that david temple should get a new trial. he listed facts, 36 facts favorable to the defense that he
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disclosed but didn't, or disclosed too late to be of any use. >> seeing a judge that got to see all of this evidence say "this man deserves a fair trial, he wasn't given one," that mattered in ways that i still feel. >> reporter: it was your first victory in this case. >> ( sighs ) richard, this is not a victory. this is just the first step. >> reporter: it's the first step because, strong as it is, the judge's decision is a recommendation to a higher court, the texas court of criminal appeals. that's where david temple's fate will be decided. how confident are you that the court of criminal appeals will order a new trial? >> i'm afraid to jinx it. i'm afraid to... to hope too loudly. >> reporter: here you are again waiting for another decision. is this any er
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>> no. it wouldn't be harder because this time we're in the right direction. >> reporter: do you think you will walk out of here? >> i know i will walk out. >> reporter: you know you will walk out? >> i know i will walk out. >> reporter: that won't happen without a fight. the harris county d.a. has filed an 80-page objection to gist's findings, aggressively defending temple's conviction and kelly siegler's conduct at his trial. >> judge gist's findings, when compared to what actually happened at trial, with what the witnesses testified to, his findings are incorrect. >> reporter: judge gist is just wrong? >> yes, sir, he is. >> reporter: on 36 points? >> yes, sir, he is. >> reporter: not one thing that he enumerated is true? >> not even one. >> reporter: siegler once famously dismissed charges and freed this man, anthony graves, an inmate on death row. reviewing the case, she determ
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favorable evidence. but in the temple case, she insists defense lawyers got all the evidence they were entitled to. >> just because one judge made these ridiculous findings that none of us can understand, he's not the final say. the court of criminal appeals is, thank god. >> what this whole case is all about is this right here. >> reporter: at a press conference after judge gist's opinion was released, attorneys stanley schneider and casie gotro graphically demonstrated how much information they say was withheld from the defense. >> this was never seen. this is what was suppressed. >> reporter: this is the first good news david temple's family has heard in years. >> my brother has spent eight long years in a texas state prison. he is failed by a legal system that failed him, failed their child, failed our family, bu
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most importantly, failed belinda. >> reporter: evan temple, who was 12 when his father went to prison, was raised by temple's second wife, heather. >> i may be biased, but he's the finest young man that walks this planet, i'm telling you. he's got so much of his mother in him that... it's every time you look at him. >> reporter: but kelly siegler says others in belinda's family are still struggling to cope. >> i wish that people could understand what it feels like to... to be belinda's family when they're in the middle of this never-ending appellate process that makes no sense. they don't understand it, and, frankly, neither do i. >> reporter: as we sit here today, have you heard anything over the last several years as since this trial that has shaken
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murdered his wife? >> no. >> reporter: siegler hasn't spoken to her former colleague, steve clappart, for more than three years. do you believe david temple is an innocent man? >> i believe that he did not kill his wife. >> reporter: clappart says he did what he always does; he followed the evidence. you had to go against all your friends or most of your friends to do it. >> that's correct. >> reporter: after a lifetime in law enforcement, he left the district attorney's office... >> that's steve over in the corner. >> reporter: ...and now works with defense lawyers he had battled in court for years. >> my dad taught me that doing the right thing isn't always the easiest thing. and i think i've done the right thing. >> reporter: it was an awful crime, he says, with no hard evidence-- the kind of crime that can haunt an investigator.
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is, do you think whoever killed belinda temple is ever going to pay for it? >> do i think they're going to pay for it? no. >> reporter: and where does that leave you? >> empty. and so, how do you get justice for a woman who was killed? captioning sponsored by cbs captioned by media access group at wgbh access.wgbh.org
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he get there? hello, i'm debra alfarone. montgomery county police are calling this a suspicious death. matt is on castle boulevard in the briggs cheney area steps away from where a victim says the victim's body was found. >> the witness tells us police found a body here right off this paved trail in the grass. police aren't telling us how the victim died but neighbors think they know. >> reporter: neighbors say two, maybe three gunshots rang out. >> i go, what happened? >> reporter: police say a passer-by saw the man's dead body here steps off this paved trail. he went running for a security guard who called 911. >> i saw these cop cars and we could see a body cross the street from my bedroom window. >> reporter: she says about a dozen cops arrived on scene around midnight. some w h
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body. police won't say who the victim is. >> 2 a.m., they were still out there and i got tired of being nosy. >> reporter: police are saying the victim suffered trauma to his chest, but they won't tell us if it's the same gunshots neighbors heard that killed him. for now they're calling the death suspicious. all this has neighbors saying it's best to -- >> make sure you keep to yourself. if you see people in your neighborhood, hi, hi, go about your business. >> kind of nervous. probably won't walk here during the nighttime. just probably when daylight is out and cars are going back and forth. >> reporter: other neighbors day -- >> i never felt unsafe here. this is shocking to me. >> police say they'll tell us more about how the victim died after the medical examiner's office in baltimore finishes the autopsy and completes the report, which police say could come at any moment. this might be the end
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18-year-old mystery. west virginia state police say human remains and personal items found near the new river gorge bridge might belong to a missing virginia tech graduate student. 24-year-old robert kovack disappeared in 1998 on his qua -- on his way to a west virginia-maryland football game. police found his car 5 days later. it was parked and locked near the new river gorge bridge out of gas. on thursday, 18 years later, searchers found human remains in a wooded area near the bridge along with kovack's driver's license, college i.d., and car keys. we now know the name of a man killed early friday morning in northeast washington. dc homicide detectives say 22-year-old james stewart was shot and killed in the 1000 block of 44th street northeast. police are offering a reward of up to $21,000 for information leading to an arrest and
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on the campaign trail, donald trump was briefly surrounded by secret service agents at a rally outside dayton, ohio when a man tried to jump the stage. the man was stopped and charged with disorderly conduct. security is now tight around the republican presidential hopeful after protesters flooded in to an event in chicago last night. that event was then canceled. several of the protesters at the chicago rally said they were supporters of bernie sanders. tonight marco rubio and john kasich saying they may not be able to support donald trump if he becomes the gop nominee. rubio says trump is, quote, dividing both the party and the country so bitterly. but ted cruz told reporters today i committed at the out set i will support the republican nominee, whoever it is. it was a three-hour wait for some to cast their vote in the district. voting hours even had to be
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consequences. stephanie ramirez reports. >> the line stretches down the block on 15th street northeast. how long have you folks been waiting? >> 45 minutes. >> reporter: a huge turnout swept for the 2016 republican primary convention as spectators joked outside, they didn't realize dc had any republicans. >> everyone says this is the biggest election coming up but i think this one is really important in terms of where we are in our country globally and where we are domestically. >> reporter: domestically one name continued to push voters to the polls. >> trump. >> reporter: and his supporters came. >> what message do you like? >> christian rights. jobs. security. >> honesty, integrity, good business sense. >> reporter: there were also a significant amount of people there hoping to stop him. >> i would be embarrassed by a trump presidency. i would be frightened. >> reporter: this remark came in part to the
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rally in chicago friday. >> it was a setup by the liberal organization move.org. >> i'm more disturbed by trump supporters than donald trump himself. >> the way he treats people is horrible and it's not the republican party i believe in. >> reporter: does karen's vote really mean something? convention heads say republican voters in dc only make up 6% of voters but this year they have a huge say. 19 delegates were up for grabs in a contest where every delegate matters. >> it's not mattered this much since frederick douglass was precinct captain here when abraham lincoln was president. >> i have a lot of friends voting for different people. >> and tonight marco rubio won dc's republican caucus with 37% of the vote. john kasich came in second with about 36%. donald trump was third and ted cruz came in fourth. on the democratic side, hillary clinton is charging
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donald trump with encouraging violence and aggression, saying his heated political rhetoric is wrong and dangerous. in st. louis today clinton called the heated protest last night at his rally in chicago deeply disturbing. bernie sanders weighed in at a rally in chicago today saying donald trump has to be loud and clear and tell his supporters that violence at rallies is not what america is about and end it. turning to the weather, are we going to need rain gear heading out sunday morning? i hope the answer is no. let's find out from first alert meteorologist howard bernstein. >> some of us may not but probably something you're going to want with you throughout much of the day and you're going to need it again monday morning as well. not that cold tonight. we're in the 50s, 60 in charlottesville with very light wind. we could see a touch of fog form. what i am watching is a lot of moisture. look at all the green and yellow on the map coming through mississippi, alabama, kentucky, in to
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pieces of that are going to be headed toward us over the next couple days. a little low pressure headed toward us. get ready for a lot of clouds, not too much of a warmup tomorrow. we'll be in the upper 50s for highs. i think we could get a few low 60s in our southern suburbs with showers on and off throughout at least the middle of the day with increasing showers, steadier rain tomorrow night in to monday morning. your monday morning commute looks like it could be a wet one. as far as the rest of the seven days, we've got a warmup and more rain chances. i'll detail that for you in a couple minutes. the terps made a late run against michigan state. couldn't finish. tell us what this means. >> this means their seating is not going to be that great come selection sunday. it wasn't that long ago we thought perhaps maryland is a top seed. now a slump has hurt their chances of getting that. maryland talked about using the big 10 tournaments
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to get momentum heading back in to the ncaa tournament which starts next week. but the terps would have to beat big bad michigan state in the semis in indianapolis. maryland, big 10 semis. second straight year. coach mark turgeon hoping for a better result. this drive does not go down. maryland loses 64-61. falling to the spartans. more on the loss with kristen berset. >> this was a rematch of last year's big 10 semifinal match-up where the michigan state spartans came back from a double-digit deficit to get the victory over maryland. tonight the terps flipped the script, erasing a double-digit deficit themselves. the team says their performance tonight gave them the much needed confidence boost plus a little chip on their shoulder as they head to next week's ncaa tournament. >> strong effort from our guys. we didn't quit. i think we only made one field goal in
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still had a lot of growth in our team. >> no team is going to guard us like michigan state does. they're great defensively. it was a tough game but we made progress. >> this team has a lot of fight. i've never seen a defense like this before. when we play, things are going to be done. because our shots wasn't hitting, we're still getting stops. i'm pretty sure it might not happen again the same way but we'll have shots. >> you can hear it in their voices, this one definitely hurts a bit. now they turn their attention to the big dance. we'll have much more from indianapolis coming up a little bit later in the sports. kristen berset, back to you in the studio. >> maryland heads home. we'll find out tomorrow where they're headed for the ncaa tournament. likely 4 or 5 seed. but they've got an opportunity. that's all you can ask for. we'll find out who and where they're playing tomorrow here at 5:30 with the unveiling of the brackets. >> definitely don't want to miss that. we'll have that
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>> we've got it all covered. our area's biggest party got underway in the streets of the nation's capital this morning. 24,000 people showed up for the annual rock and roll marathon in downtown washington. the 26.2-mile marathon, half marathon and 5k features live local music throughout the race course and raises money for charities while runners zip past monuments and landmarks in the city. puppies plus yoga. this is taking downward facing dog to a whole new level. >> and a sign that st. patrick's
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tonight a landover man may face more charges in connection with a series of bank robberies. 35-year-old leroy daly was arrested thursday after three montgomery bank robberies within 15 minutes. prince george's county police say daly will likely be charged with five bank robberies in that county that date back to september 2015. daly allegedly passed notes to
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bank tellers using hashtags. such as no police and be careful. virginia governor terry mcauliffe is headed overseas. the governor is set to leave to visit troops in qatar, afghanistan, germany. it's a sure sign that st. patrick's day is almost here. thousands of people lining up along the chicago river as crews from the local plumber's union dyed the river green. the annual chicago tradition that dates back to 1962. my favorite story of the night. what do you get when you take puppies, cute puppies, and yoga, and you put them together? you get 50 or so yogies oohing and aahing at a fundraiser for the washington animal rescue league and i was there. it cost $25 and really there
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little yoga being done. and a lot of puppy pictures being taken. these little guys are up for adoption and yoga was provided by yola heights. some indoor workout for you. >> there was no workout happening. are you kidding me? >> indoor is the operative word. >> nice transition, howard. >> i'm a professional. >> you've done this before. [ laughter ] >> we've got some indoor weather coming up. showers here and there in the next 18 hours. then tomorrow night in to monday morning looks a little damp. then again later in the week. let's start with the 3-degree guarantee. we've got good news there. yesterday, high of 59. we hit 60. good job, top. i'm forecasting 59 for tomorrow. a little bit of fog possibly late tonight, early in the morning. right now the
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otherwise visibilities are fine and temperatures are running in the 50s with light winds. we've got mid 50s in the shenandoah valley, couple spots upper 40s well to our north and westminster and bel air. fredericksburg, 57. we got to 60 today in town. they got to 66, 67 down well southwest of us. right now at national, 54. cloudy skies. no wind to speak of and the humidity outdoors, 72%. more showers sunday. it will be on and off morning through midday. looks like the better chances will be north and south of town. if you're south, you might not be seeing anything until later on in the afternoon or evening. steadier rains moving in. could get anywhere from a half inch to inch by the time we get to midmorning monday when things start to wind down. drier and warmer tuesday and wednesday. tuesday afternoon,
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the pick of the week. temperatures well up in the 70s. going to get wet again and cooler on thursday. look at the map. there's a lot going on across the country from this main rain and snow system coming in to northern california. they're going to get several feet of snow from the highest elevations, maybe 3 to 5 inches of flooding rains. we had all this flooding rain going on in louisiana, mississippi, east texas. that's moving to the mississippi valley, tennessee valley, ohio valley, and that's what's going to get us a little bit of shower activity late tonight and early on sunday. see in the futurecast by midday sunday, up toward the mason dixon line, heaviest rain. then here comes that next batch for sunday night. here's monday at 12:30 in the morning. if we're lucky, this is out of here in time for the morning rush. that may be pushing it. overnight, showers turning late. might see a patch of fog with light winds. tomorrow morning, cloudy and cool. few showers north in the 50s. temperatures don't really climb
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we're going to be about 59 here in dc. looking at the 3-day forecast, i'm going to go with the yellow weather alert for monday morning for the showers affecting the morning commute. today looks better with sun in the afternoon and 70. deborah, you're going to love wednesday, but not so hot about thursday with some showers and possible storms and 60s. >> i'll take wednesday. >> you got it. it's yours. now a look at the proposed future home of the redskins. this is a vision from a danish architect. you can see the model has a mote around the stadium where fans could kayak. the man who designed the plan said the facility would be a destination even when the redskins were not playing. >> the stadium is a stadium designed as much for the tailgating, like the pregame as for the game itself. it becomes like tailgating literally becomes a picnic in a park. make the stadium a more lively deshination throughout the year without ruining the turf. >> the redskins started playing at
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years ago. even though we're seeing a first draft, we still don't know where it will be. you can see the full story and the man behind the plan on 60 minutes tomorrow night at 7:30 right here on wusa 9. that's interesting. >> kayaking around the city. >> you know. >> hand in hand with football. [ laughter ] could maryland advance to the big 10 finals? had a good one between the terps and michigan state. much you can't predict the market. but through good times and bad... ...at t. rowe price... ...we've helped our investors stay confident for over 75 years. call us or your advisor. t. rowe price. invest with confidence.
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